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School Discipline in California:
How We Protect Your Child’s Rights

When a student faces suspension or expulsion, families need fast, informed advocacy. McGowan Advocacy Group guides parents through every step—from the first phone call to resolution—so students remain safe, supported, and on track educationally.

 

This page is general information, not legal advice. For guidance specific to your child, contact us.

What California Law Says About Discipline

California school discipline is primarily governed by the Education Code. Districts must follow strict timelines and notice rules, consider alternatives to suspension, and provide due process before recommending expulsion.

 

Key Concepts

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  • Grounds for Suspension/Expulsion: Defined by law and must be related to school activities or attendance.

  • Progressive Discipline & Alternatives: Schools are encouraged to use evidence-based interventions before suspension/expulsion where appropriate.

  • Expulsion Requires a Hearing: Only a governing board can expel a student after a noticed hearing.

Added Protections for Students with IEPs (and 504 Plans)

Students who receive special education services under an IEP (or have a Section 504 Plan) have important additional protections:

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  • Change of Placement (10-Day Rule): Removing a student for more than 10 school days in a year (or a pattern of removals) may be a change of placement and triggers specific safeguards.

  • Manifestation Determination: Within 10 school days of any decision to change placement for conduct, the district, parent, and relevant IEP team members must decide if the behavior was caused by or had a direct and substantial relationship to the disability, or resulted from failure to implement the IEP.

  • Stay-Put/Placement During Appeals: If the decision is disputed, special rules apply to keep the student in an appropriate placement while the matter is resolved.

  • Interim Alternative Educational Setting (IAES): For specific serious offenses (weapons, drugs, serious bodily injury), schools may place a student in an IAES for up to 45 school days while services continue.

  • Continued FAPE: Even during removals, the school must continue to provide services to enable the student to participate in the curriculum and progress toward IEP goals.

  • Students “Not Yet Eligible”: Some protections apply if the school should have known the student had a disability before the incident.

Your Rights & Timelines at a Glance

  • Suspension Notice: Written notice of the reason, length, and your right to a conference.

  • Expulsion Recommendation: Formal written charges and a hearing before the governing board or administrative panel.

  • IEP/504 Students: Manifestation determination within 10 school days of a decision to change placement; expedited dispute timelines apply.

  • Appeals & Complaints: Options include district-level appeals, state compliance complaints, and expedited due process for IDEA issues.

How We Help Families

Immediate Response (0–48 hours)

  • Review incident reports, suspension letters, prior discipline, and IEP/504 documents.

  • Coach parents on communication and student statements; request records and video where applicable.

  • Ask the district to preserve education services during any removal.

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Strategic Advocacy

  • Prepare for manifestation determination meetings; align behavior data, functional assessments, and IEP services.

  • Develop alternatives to suspension/expulsion (behavior plans, counseling, restorative practices, placement supports).

  • Negotiate outcomes that protect the student’s education and graduation track.

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Hearings & Appeals

  • Represent families at expulsion hearings.

  • File or defend expedited due process when the dispute involves special education discipline.

  • Coordinate parallel issues (harassment, disability discrimination, restraint/seclusion, bullying) and request appropriate remedies.

Practical Guidance for Parents

  • Ask for Everything in Writing: Incident summaries, witness statements, notices, and proposed discipline.

  • Check the IEP/504: Confirm services, behavior goals, BIP, and whether supports were implemented.

  • Track Days of Removal: Keep a running total of suspension days and in-school removals.

  • Prepare for the Meeting: Bring medical/therapy notes, behavior logs, and your parent input statement.

  • Consider Assessments: A Functional Behavioral Assessment (FBA) and updated BIP can be critical.

Schedule a Consultation

  • Need help now? We offer prompt reviews and representation in suspension, expulsion, and special education discipline matters.

  • Schedule a Consultation
    Or email michelle@mcgowanadvocacy.com

Frequently Asked Questions

  • Can my child be suspended for “willful defiance”?
    California restricts suspensions for disruption/defiance in many grades and requires alternatives in most situations. Ask us how this applies to your child’s grade level and district.

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  • What if the behavior was related to my child’s disability?
    A timely manifestation determination can prevent removal or require IEP adjustments instead of exclusion.

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  • Will my child still get services during removal?
    Yes—students with IEPs must continue receiving services to make progress toward goals, even in an interim setting.

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  • What if I disagree with the decision?
    Families can use expedited due process for IDEA issues and district appeals for general education discipline. We’ll guide you to the fastest effective path.

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McGowan Advocacy Group supports families across California. We collaborate with school teams while protecting student rights with professionalism and care.

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